Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57797 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- GHOSWARI District- Patna ====================================================== ANIL YADAV Son of Brahmdeo Yadav Resident of Village- Ram Nagar, P.S.- Ghoswari, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 384, 385, 326, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that accused persons fired on the informant's father. Although the first shot missed the second shot struck his father on the left side of his armpit. Thereafter it is stated that the informant saw three named accused persons running away with pistol in their hand. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR and the FIR named accused namely, Jhapo Sao, Kundan Kumar and Ranjit Sao have been enlarged on bail vide order dated 23.12.2021 passed

Patna High Court CR. MISC. No.57797 of 2021(2) dt.11-04-2022 2/2 in Cr. Misc. no. 24324 of 2021, order dated 03.01.2022 passed in Cr. Misc. no. 36644 of 2021 and order dated 23.08.2021 passed in Cr. Misc. no. 24393 of 2021. Name of the petitioner transpired in course of investigation on his own confessional statement. He is in custody since 25.03.2021 and charge sheet has been submitted in this case.

Having heard learned counsel for the parties and taking into consideration the facts that the Court has granted bail to the FIR named accused persons and the petitioner not having been named in the FIR is in jail custody for more than one year, the Court directs the petitioner to be enlarged on bail in connection with Session trial no. 442 of 2021 (arising out of Ghoswari P.S. Case no. 154 of 2020) on furnishing bail bond of Rs 10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV, Barh, District Patna.

(Partha Sarthy, J) s.hassan/- U T